Japanese Patent Law - History

History

The history of Japanese patent law began with the opening of the country that began in the Meiji era. Fukuzawa Yukichi introduced the concept of the patent to Japan in his 1867 writings. The next year, the Meiji Restoration occurred, and the modernization of Japan began.

In 1871—the fourth year of the Meiji era, an experimental patent system was implemented. It was abandoned the following year.

The first substantial patent law in Japan was established by the "Patent Monopoly Act" (專賣特許條例 Senbai tokkyo jōrei) on April 18, 1885. (In 1954, the Ministry of International Trade and Industry of Japan declared April 18 to be Invention Day.)

The first seven patents under the Patent Monopoly Act were granted on August 14, 1885. Hotta Zuisho obtained Japanese Patent No. 1 for an anticorrosive paint. Takabayashi Kenzo obtained Patent No. 2–4 for tea processing machines.

During the Meiji era, all governmental systems underwent frequent changes, and the patent law was no exception. The Patent Monopoly Act was replaced by the Patent Act (特許條例 Tokkyo jōrei) in 1888; the Patent Act was replaced by the Patent Law (特許法 Tokkyohō) of 1899, which was completely revised in 1909. After the Meiji era, the Patent Act was completely revised twice, in 1921 and 1959.

The 1959 Japanese patent law was amended several times, especially pertaining to opposition proceedings, the term of patent, and compliance with the Patent Cooperation Treaty (PCT) in relation to criteria of novelty.

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